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International Child Abduction

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When children are removed from another country/jurisdiction and brought to England and Wales without the consent of both parents, this can be classed as abduction.

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What is International Child Abduction?

International Child Abduction is when children are removed from another country/jurisdiction and brought to England and Wales without the consent of both parents.

If you're not sure if we can cover your case, please don't hesitate to get in touch with us and we can discuss your specific needs.

How can we help?

If your child has been brought to the UK by the other parent without your consent. It is imperative if you are the parent seeking the return of the child you should receive immediate specialist advice.

We are a member of the International Child Abduction and Contact Unit panel of solicitors ICACU. This means that we are instructed by the Official Solicitor in Hague and European Convention cases and are also a member of REUNITE. Furthermore, Donna Tilbrook is a member of Co-opted Regional Committee Member of Child Abduction Lawyers’ Association (CALA).

Alternatively if you are the alleged abducting parent we can also, in certain circumstances, defend proceedings issued against you. The defences available under the Hague Convention are limited and are case specific.

Current defences:

  • Habitual residence
  • Consent
  • Acquiescence
  • Child’s objections
  • Intolerability
  • Settlement

One of our specialists will be able to explain if any of the above defences apply to your case.

What can I expect to happen?

The court aims to decide all cases within 6 weeks of the application; however, this depends on the availability of a Judge and the complexity of your case.

How much will it cost me?

In such cases we may make an immediate application for non-means tested public funding (legal aid) to pursue an application in the High Court for the return of the child/children in question.

Please note

If your child is taken to a country not a signatory state to The Hague Convention the Court can be asked to exercise its inherent jurisdiction and to make your child a Ward of the Court. This area has limited public funding and is means/merit tested.

You can find a list of Hague Convention countries here.

Want to speak to someone? Call our team on 0114 358 3134

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Fully accredited solicitors…

  • Lexcel Accredited
  • Collaborative Family Lawyer
  • Resolution Specialist
  • Family Law
  • Conveyancing Quality
  • Children Law
  • Mental Health Trubunal
  • Family Law Advanced

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